2006 Louisiana Laws - RS 40:2531 — Rights of law enforcement officers

CHAPTER 25.  RIGHTS OF LAW ENFORCEMENT OFFICERS

WHILE UNDER INVESTIGATION

§2531.  Applicability; minimum standards during investigation

A.  The provisions of this Chapter shall only apply to those law enforcement officers employed by any municipality and campus police employed at any state-supported college or university who are under investigation with a view to possible disciplinary action, demotion, or dismissal.

B.  Whenever a law enforcement officer is under investigation, the following minimum standards shall apply:

(1)  The law enforcement officer being investigated shall be informed, at the commencement of interrogation, of the nature of the investigation and the identity and authority of the person conducting such investigation, and at the commencement of any interrogation, such officer shall be informed as to the identity of all persons present during such interrogation.  The law enforcement officer shall be allowed to make notes.

(2)  Any interrogation of a law enforcement officer in connection with an investigation shall be for a reasonable period of time, and shall allow for reasonable periods for the rest and personal necessities of such law enforcement officer.

(3)  All interrogations of any law enforcement officer in connection with the investigation shall be recorded in full.  The law enforcement officer shall not be prohibited from obtaining a copy of the recording or transcript of the recording of his statements upon his written request.

(4)  The law enforcement officer shall be entitled to the presence of his counsel or representative, or both, at the interrogation in connection with the investigation.

(5)  No statement made by the officer during the course of an administrative investigation shall be admissible in a criminal proceeding.

(6)  The counsel called by the law enforcement officer under investigation may call witnesses to testify on his behalf.

(7)  Except as otherwise provided in this Paragraph, each investigation of a law enforcement officer which is conducted under the provisions of this Chapter shall be completed within sixty days.  However, in each municipality which is subject to a Municipal Fire and Police Civil Service law, the municipal police department may petition the Municipal Fire and Police Civil Service Board for an extension of the time within which to complete the investigation.  The board shall set the matter for hearing and shall provide notice of the hearing to the officer who is under investigation.  The officer who is under investigation shall have the right to attend the hearing and to present evidence and arguments against the extension.  If the board finds that the municipal police department has shown good cause for the granting of an extension of time within which to complete the investigation, the board shall grant an extension of up to sixty days.  Nothing contained in this Paragraph shall be construed to prohibit the law enforcement officer under investigation and the appointing authority from entering into a written agreement extending the investigation for up to an additional sixty days.  Further, nothing in this Paragraph shall limit any investigation of alleged criminal activity.

Acts 1985, No. 425, §1; Acts 1991, No. 450, §1, eff. July 15, 1991; Acts 2001, No. 933, §1.